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Home My WebLink About1992-10-20; City Council; Minutes0 0 MINUTES MEETING OF: CIN COUNCIL (Regular Meeting) DATE OF MEETING: October 20,1992 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO. p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Nygaard, Stanton, Larson, Mayor Pro Tem Kulchin and Mayor Lewis Absent: None INVOCATION was given by Reverend Douglas Woodridge from St. Michael’s By The Sea Church. PLEDGE OF ALLEGIANCE was led by Council Member Stanton. PRESENTATIONS: Stu Turgel, Chairman of the Cable TV Foundation, presented the City with the 1992 Government Programming Award for the 1991 State of the City Video. Mayor Lewis presented a Proclamation to Mama Bledsoe Chriss, Executive Director, Women’s Resource Center, for DOMESTIC VIOLENCE AWARENESS MONTH. Mayor Lewis presented a Proclamation to Police Chief Vales for RED RIBBON WEEK, October 24, 1992 to November 1, 1992. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Kulchin, the Minutes of the Regular Meeting held October 6, 1992, were approved as presented. -. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard CONSENT CALENDAR: Mayor Pro Tem Kulchin requested Item #2 be removed from the Consent Calendar. Council Member Nygaard requested Item #3 be removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items I through 7, with the exception of Items #2 and #3, as follows: AYES: Lewis, Kulchin, Larson, Stanton and Nygaard a3 1 0 0 73 $5 51 i5 34 i5 74 ,9 74 19 October 20, 1992 Page 2 CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #11,924 - ABOVE-GROUND ENCROACHMENT FOR 2600 OCEAN STREET - PR 4.61. Council adopted RESOLUTION NO. 92-309, approving an above-ground encroachment permit for an existing fence and landscaping along Cypress Avenue and approving an encroachment agreement with Raymond C. and Dorothy J. C. Ede. 2. AB #11,925 APPROVAL OF LEASE AGREEMENT FOR LIBRARY/WAREHOUSE STORAGE. This item was removed from the Consent Calendar. 3. AB #11,926 - AWARD OF CONTRACT FOR STREET SWEEPING SERVICES - CONTRACT NO. UM 92-7. This item was removed from the Consent Calendar. 4. AB #11,927 - SETTLEMENT OF WORKERS COMPENSATION CLAIMS OF RICHARD SZABAD. Council adopted RESOLUTION NO. 92-312, approving the Compromise and Release which authorizes payment of $18,000 to Richard Szabad as settlement of his Workers Compensation claims. 5. AB #11,928 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - THE SHORES AT CARLSBAD - CT NO. 84-18. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public street improvements and the Carlsbad Municipal Water District to commence maintaining the sewer improvements constructed at Sequoia Avenue and Carlsbad Boulevard. 6. AB #I 1,929 - SElTLEMENT OF WORKERS COMPENSATION CLAIM OF ROY PERSON. Council adopted RESOLUTION NO. 92-313, approving settlement of the Workers Compensation claim of Roy Peirson and authorizing payment of $5,215 at the rate of $140 per week. 7. AB #11,933 - APPROVAL OF SElTLEMENT AGREEMENT FOR BOND AND IMPROVEMENT AGREEMENT CLAIMS - CT 85-5, UNITS 1,2 AND 3 - SANTA FE KNOLLS. Council adopted RESOLUTION NO. 92-315,, approving the settlement agreement with the Anden Group for bond and improvement agreement claims for CT 85-5, Units 1, 2 and 3 - Santa Fe Knolls; authorizing the Mayor to execute the Release and Agreement; directing the City Clerk to release related improvement bonds; and authorizing inclusion of the settlement monies into the Utilities and Maintenance Department construction budget to fund necessary repairs to improvements in this subdivision. a20 0 0 October 20, 1992 Page 3 ITEMS REMOVED FROM THE CONSENT CALENDAR: I1 2. AB #11,925 APPROVAL OF LEASE AGREEMENT FOR LIBRARY/WAREHOUSE STORAGE. I5 ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-310, approving a new lease with Palomar #46 for library/warehouse storage located at 2075 Corte del Nogal, Suite Q, Carlsbad. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard '4 3. AB #11,926 - AWARD OF CONTRACT FOR STREET SWEEPING SERVICES - CONTRACT NO. 5 UM 92-7. Council Member Nygaard recommended Council adopt Proposal #B for one year, which would provide a reduced level of service; but would also result in a considerable savings. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 92-31 1, amended to accept bids and authorize the execution of a contract with R. F. Dickson Company for provision of services as contained in Proposal #B. AYES: Lewis, Stanton and Nygaard NOES: Kulchin and Larson PUBLIC COMMENT: Ramona Finnila, 4615 Trieste Drive, stated that since most of the skateboarders using the parking lot downtown live in the Northwest Quadrant, the solution to providing a spot for a skateboarding park would be to use the property at the corner of Arland Street and Buena Vista Way. This is a concrete reservoir that is used for maintenance, approximately 75 yards by 50 yards, with a gated entrance that can be locked at night and surrounded by flat land. She said a resident and non-resident fee could be charged and recommended the Skateboard Committee visit this site. ORDINANCES FOR ADOPTION: I1 8. AB #11,930 - AMENDMENT TO MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS AND HOLISTIC HEALTH PRACTITIONERS. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS- - 21 6, amending various sections of Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code relating to the practice of massage. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard a27 0 0 October 20, 1992 Page 4 ORDINANCES FOR ADOPTION: (Continued) 12 9. AB #11,931 - ESTABLISHMENT OF NO PARKING ZONE ON CAMINO VlDA ROBLE FROM EL CAMINO REAL TO PALOMAR OAKS WAY. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-217, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the revision of Section 10.40.081 to declare a ‘NO PARKING ANYTIME’ zone on both sides of Camino Vida Roble from El Camino Real to Palomar Oaks Way. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard DEPARTMENTAL AND CITY MANAGER REPORTS: !9 10. AB #11,932 - COMMUNITY ACTIVITY FUNDING RECOMMENDATION. ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 92-314, accepting the recommendation of the Community Activity Review Panel and allocating general funds to the organizations identified. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 58 11. AB #11,934 - INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) FUND LO 4 ALLOCATIONS. ACTION: Council directed staff and their representatives on SANDAG and NCTD to support the fund allocation proposals in the following order of preference: (1) City staffs proposal which would result in $1,315,410 for Carlsbad, $6,057,316 (10%) for CalTrans, and $12,114,632 (20%) for Transit. (2) Solana Beach’s proposal which would result in $1,315,410 for Carlsbad, $12,114,632 (20%) for CaiTrans, and $6,057,306 (10%) for Transit. (3) SANDAG’s proposal which would result in $996,498 for Carlsbad, $15,143,292 (25%) for CalTrans, and $9,085,974 (15%) for Transit. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard 70 12. AB #11,938 - OCTENSION OF AGREEMENT FOR ANNUAL CARLSBAD SAND SURVEY AND 15 BEACH PROFILE PROGRAM FOR 1992-93. Council Members Nygaard and Stanton expressed concern about the cost and questioned whether the data could be used by the Corps of Engineers in their upcoming study. The City Manager stated those concerns would be referred to the Beach Erosion Committee. 228 0 ,. October 20, 1992 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) ACTION: On motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. -9 92-319 approving an extension to an existing agreement between the City of Carlsbad and Tekmarine, Incorporated, for the Carlsbad Sand Survey and Profile Program. AYES: Lewis, Kulchin, Larson and Stanton NOES: Nygaard 8 13. AB #11,935 - APPOINTMENT OF SKATEBOARD COMMITTEE. Dr. Dave Jones, 660 Carlsbad Village Drive, stated his main concern is for the safety of his patients who use that parking lot where the skateboarding is occurring. Dr. Jones recommended restricting the hours the skateboarders could use this parking lot to after the hours of business. Eileen Olson, 3083 Madison Street, spoke in opposition to skateboarding in the parking lot at Carlsbad Village Drive and Roosevelt Street, stating she had been knocked down by a skateboarder, who did not even offer to help her up. Steve Fehlhaber, 2802 State Street, Co-Chairman of the Village Merchants Association, recommended that at least two members of the proposed committee be from the Merchants Association. Matthew Grange, 3316 Harding, spoke in favor of the skateboarding, stating it is a mode of transportation for many of the youngsters. Robert Royce, 2956 Roosevelt Street, #3, referred to the petition signed by 30 or 40 merchants asking for a ban on skateboarding in this parking lot. He stated the City provided this parking lot to replace lost parking on Carlsbad Village Drive, and it is not being used as a parking lot due to the skateboarding there. He presented additional photographs showing the litter in the parking lot. Cli Petrovsky, 2956 Roosevelt Street, representing Investigative Network, spoke in opposition to the skateboarding in this lot, stating his office is only ten feet from the parking lot and they cannot conduct their business due to the noise. He asked for immediate relief and suggested that skateboarding be banned during business hours. He stated there is a ramp in the lot that attracts the skateboarders and asked that it be removed. Christine Carr, 523 Chinquapin, stated she is a parent of three boys who are skateboarders. She said the liability is the important factor for the City. Mrs. Carr stated that the committee needs to be equally sided for all parties involved in this problem. Tommy Caudill, 775 Carlsbad Village Drive, representing XYZ Skate Supply, asked to be on the Skateboard Committee. Frank Biello, 5280 Los Robles Drive, asked that this skateboarding area not be taken away until a new area has been provided. aa3 0 e October 20, A992 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Karin Martin, 1313 Chinquapin Avenue, stated she frequents the downtown area and this parking lot is not a place for the skateboarders. She described difficulty in entering the parking lot due to the skateboarders and expressed concern that the children were there without supervision. Ms. Martin stated this creates a nuisance that the City should be able to regulate by banning skating certain hours. Don Agatep, 2956 Roosevelt, #1, spoke in opposition to the skateboarding in this parking lot, stating the lot was built to replace parking lost on Carlsbad Village Drive in order to make the downtown area accessible to the residents. He recommended banning skateboards on all public parking facilities until the problem has been solved. ACTION: On motion by Council Member Larson, Council directed the City Attorney to return with documents banning skateboarding in the public parking lot at Carlsbad Village Drive and Roosevelt Street during certain hours. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard ACTION: On motion by Council Member Stanton, Council adopted RESOLUTION NO. 92-316, as amended, to appoint a nine member skateboard committee as follows: John Jones, Catherine Carr, Cathy Allen, Mark Nordquist, Steve Fehlhaber, Robert Royce, Council Member Stanton, Council Member Nygaard, and a representative from the School Board. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard Mayor Lewis requested the Skateboard Committee also study the problem of skateboarders, roller blades and bicycles on the upper walkway along Carlsbad Boulevard. RECESS: Mayor Lewis declared a Recess at 7:58 p.m., and Council re-convened at 8:07 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 96 14. AB #11,936 - REPORT ON PORTABLE A-FRAME SIGNS. Steve Fehlhaber, 2802 State Street, stated the Redevelopment Area is a special area and needs to have signs consistent with the village. He said the issue of signs for other businesses should be addressed as a separate issue. Harlynn Serwin, 4205 Skyline, representing Roncone’s Restaurant, stated the Country Store has the same issues as the downtown area. She asked that all merchants be given equal consideration. ACTION: On motion by Mayor Pro Tem Kulchin, Council referred the issue of Portable A- frame Signs in the Village Redevelopment Area to the Redevelopment Master Plan Advisory Committee for a recommendation to the Housing and Redevelopment Commission. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard ’ aa(Q 0 e October 20, 1992 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) !8 15. AB #11,937 - SENIOR COMMISSION APPOINTMENTS. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 92-317, appointing Joan Mac Enery to the Senior Commission; and RESOLUTION NO. 92-318, appointing James Whittaker to the Senior Commission. AYES: Lewis, Kulchin, Larson, Stanton and Nygaard COUNCIL REPORTS: Council Members reported on the activities and.meetings of the committees and subcommittees of which they are members. Mayor Lewis announced that a quorum of Council may be in attendance at the following functions: Wednesday, October 21, 1992, 7:OO a.m., the United Way Kickoff Breakfast will be held at the Senior Center; and Friday, October 23, 1992, there will be a delegation from Sister City Futtsu, Japan, with activities all day. ADJOURNMENT: By proper motion, the Meeting of October 20, 1992, was adjourned at 8:24 p.m. Respectfully submitted, -A& ALETHA L. RAUTENKRANZ City Clerk Harriett Babbitt Minutes Clerk a25